Ram Vilash Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34110 of 2023 Arising Out of PS. Case No.-160 Year-2022 Thana- ASARGANJ District- Munger ====================================================== 1.
RAM VILASH SINGH Son of Tej Narayan Singh Resident of Village - Badi Koriyan, P.S.- Asarganj, District - Munger.
2.
Abhishek Kumar Son of Ranjit Singh Resident of Village - Badi Koriyan, P.S.- Asarganj, District - Munger.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ranjeet Patel, Adv.
For the Opposite Party/s :
Mr.Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-09-2023 Heard the parties.
2. Petitioners apprehend their arrest in a case registered for the offence punishable u/s 328, 302, 201 and 34 of the IPC.
3. As per the prosecution case, there is allegation that the informant's brother-in-law was married with the daughter of petitioner no.1. It is alleged that the victim has died after being poisoned at his in-laws house.
4. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case due to ulterior motive. No such occurrence, in the manner as alleged, has ever taken place. Petitioners are the cousin father-in-law and
Patna High Court CR. MISC. No.34110 of 2023(3) dt.18-09-2023 2/3 brother-in-law of the deceased and there is no specific allegation against them. The F.I.R. has been lodged initially u/s 328, 302, 201 and 34 of the IPC and after investigation, police has submitted charge sheet against arrested persons u/s 306, 201 and 34 of the IPC. It is submitted that the witness at para-38 of the case diary appears to be neighbour of the petitioners and brother of deceased in para-52 of the case diary as well as other witnesses in par-53, 54 and 55 have supported the allegation made in the FIR and the fact that the deceased was tortured, humiliated and abused by these petitioners due to which he was in mental pressure and died after consuming poison and the deadbody was not recovered but it is submitted that the elder daughter of the deceased Jugal Singh has stated that usual quarrel took place between the deceased and her mother and he (deceased) was fed up with such quarrels and consumed poison. Petitioners have no criminal antecedent.
5. Learned APP for the State opposed the prayer for bail.
6. Having regard to the facts and circumstances of the case, considering that the chargesheet has been submitted u/s 306 and other sections of the IPC against the apprehended accused persons, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned
Patna High Court CR. MISC. No.34110 of 2023(3) dt.18-09-2023 3/3 Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Asarganj P.S. Case No.160 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Anjani Kumar Sharan, J) pallavi/- U T